Neutral Citation No. - 2025:AHC:89889 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 14961 of 2025 Applicant :- Smt. Narmada Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Prem Chandra Dwivedi, learned counsel for the applicant and Sri Moti Lal, learned A.G.A. 2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the summoning order dated 24.02.2022 as well as entire criminal proceeding of Complaint Case no.16/2022, under Section 138 N.I. Act of Police Station Tajganj, District-Agra, (Sri Radheshyam Versus Smt. Narmada Devi), pending in the Court of Judicial Magistrate/Additional Civil Judge (J.D.), Court No.09, Agra. 3. The case of the applicant is that on 11.01.2022, complaint was lodged by O.P. No.2 against the applicant under Section 138 of N.I. Act with an allegation that the O.P. No.2 is the owner of Gata Nos. 112 and 113 and a sale deed was executed between the applicant and O.P. No.2, whereby the applicant had purchased the said land and issued three cheques bearing number "073119" "073120" "073121" all dated 06.12.2021 of an amount of Rs.4,20,000/- each. However, when the cheque bearing number "073119" was present in the bank, was dishonoured on 13.12.2021 on account of "insufficient funds" followed by a statutory demand notice on 17.12.2021, which is stated to have been served upon the applicant on 20.12.2021 and a complaint was lodged on 11.01.2022, pursuant whereto the applicant has been summoned on 24.02.2022. Learned counsel for the applicant has submitted that though the aforesaid three cheques stood dishonoured, but the applicant has made certain payments to the tune of Rs.6,20,000/- in cash, however, when the cheques were being sought to be returned, they were presented in the bank. He also submits that an FIR has also been lodged under Sections 420, 467, 468, 469, 470, 471 and 120-B IPC, FIR No.0340 of 2023 on 02.12.2023 by the applicant against the O.P. No.2. 4. Learned A.G.A. on the other hand submits that once the cheque stood drawn and they were dishonoured, the presumption would be in favour of the holder of the cheque. 5. I have heard the submissions so made across the Bar and perused the record carefully. 6. Apparently, the allegation in the complaint is with relation to dishonouring of a cheque. The question as to whether the payment was made in cash and the cheque was requested to be returned is a question of fact, which cannot be gone into. Further the theory so propounded by the learned counsel for the applicant upon FIR is concerned, the same is not the subject matter to be dealt with at the stage of summoning. Suffice it to say that the cheque as per the complaint was dishonoured on 13.12.2021 followed by a statutory demand notice on 17.12.2021 and the complaint on 11.01.2022 and summoning on 24.02.2022, but the FIR was lodged much later on 02.12.2023. In any view of the matter, once the cheque stood drawn then the presumption is in favour of the holder. Moreover, in absence of pointing out of any jurisdictional error, this Court is not required to throttle the proceeding in this regard. 7. At this stage, learned counsel for the applicant has made a statement at Bar that the applicant would approach the court below for compounding of the offences under Section 147 of the N.I. Act and a direction be issued to the court below to decide the application in light of the judgment in the case of Damodar S. Prabhu Vs. Syed Babalal, (2010) 5 SCC 663 and till the said application is preferred, protection be accorded. 8. Learned A.G.A. has no objection to the same. 9. Considering the submissions so made across the Bar, the application is disposed of directing the applicant to file the proceedings for compounding under Section 147 of N.I. Act by 06.06.2025 and the court below is directed to decide the same with most expedition, preferably within 45 days. 10. Till 45 days from today, no coercive action shall be taken against the applicant with respect to summoning order dated 24.02.2022 as well as criminal proceeding of Complaint Case no.16/2022, under Section 138 N.I. Act of Police Station Tajganj, District-Agra, (Sri Radheshyam Versus Smt. Narmada Devi), pending in the Court of Judicial Magistrate/Additional Civil Judge (J.D.), Court No.09, Agra. 11. The protection accorded to the applicant is only available subject to compliance of terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. Order Date :- 27.5.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad